Legal Opinion
Capuccio v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided June 27, 1991PublishedCited by 6 opinions
1Opinion of the Court
—Judgment, Supreme Court, New York County (Herman Cahn, J.), entered April 23, 1990, which, upon a jury verdict, found in plaintiffs favor in the sum of $997,690.92, unanimously affirmed, without costs or disbursements.
Plaintiff, a 53-year old woman, was injured when she fell into an open subway vault, which had been left exposed as a result of a missing grating. We agree, as argued, that a charge on res ipsa was not warranted due to the Transit Authority’s lack of exclusive control. In relying on res ipsa, it was plaintiffs obligation to establish a degree of domination sufficient to…
2Cases cited3 opinions
- Christopher v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1990
- Veltri v. StahlAppellate Division of the Supreme Court of the State of New York · 1989
- Goree v. DixonAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by6 opinions
- Guillory v. Nautilus Real Estate, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Quackenbush v. Gar-Ben AssociatesAppellate Division of the Supreme Court of the State of New York · 2003
- Suarez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1992
- Garcea v. KimanAppellate Division of the Supreme Court of the State of New York · 1996
- Cruz v. Bronx Lebanon Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2015
1 more not listed; retrieve them via the Exa API.